Jani Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59457 of 2021 Arising Out of PS. Case No.-211 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

JANI PASWAN Son of Ram Bali Paswan Resident of Village - Bhopatpur, P.S. - Kotwa, District - East Champaran.

2.

Suganti Devi Wife of Pramod Paswan Resident of Village - Khairwa, P.S. - Madhuban, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks. The petitioners are apprehending their arrest in a case registered under Sections 363, 366(A)/34 of the Indian Penal Code and 8 of POCSO Act.

Prosecution case, in short, is that the accused persons including the petitioners abducted the daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners

Patna High Court CR. MISC. No.59457 of 2021(2) dt.31-03-2022 2/2 have falsely been implicated in the present case. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has stated that she has got married with petitioner no. 1. A petition has been filed by the informant in the Court below in which he has retracted from the earlier statement made in the F.I.R.. The petitioner no. 2 is a lady.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge -cum- Special Judge, Excise, POCSO, East Champaran at Motihari in connection with Dumariyaghat P.S. Case No. 211 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T